Juan Gonzales, an illegal immigrant from Mexico accused of sexually assaulting a child, asked a judge on Monday to deport him.

Gonzales had a motions hearing on Monday where his lawyer fought for the charges to be dismissed. His lawyer argued that because Gonzales is an illegal immigrant, he'll be deported no matter the outcome of the case, so he should be deported now to save the money it would cost to prosecute him.

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"If Mr. Gonzales is committed criminally, and for the amount of time that is requested by the state, we're looking at a cost of upward of $3 million," the lawyer said.

However, the district attorney argued that Gonzales is a threat to any society.

Gonzales is accused of grabbing a 6-year-old girl in the playroom of a local gym, holding her against a wall, covering her mouth and using his fingers to penetrate her. Prosecutors said he had three other victims before her, but each time, the case was dismissed because Gonzales was ruled not mentally competent to stand trial.

His lawyer said Gonzales would get mental help in Mexico.

"They're trying to get him set up in a treatment situation in Mexico," the lawyer said. "His family, as I've indicated before, is willing to move to Mexico."

The judge denied the motion, saying he doesn't want to take the chance for the safety of children everywhere.

"He is a serious threat to young children," said Judge Ross Sanchez. "Granting a motion would put other children at risk."

Gonzales will now have a criminal commitment hearing instead of a trial, because of his mental competency issues. If guilty, he would be sent to a mental hospital.

Gonzales' lawyer said his client has a history of brain damage and sexual trauma and has the emotional capacity of a child. His criminal commitment hearing is scheduled for Aug. 20.